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South Africa decisions
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G4S Cash Solutions v Matlala (Rescission Application) (JS165/2016) [2025] ZALCJHB 104 (11 March 2025)
The Labour Court rescinded a leave-to-appeal judgment because the employer’s opposing submissions had not been before court, and dismissed leave to appeal.
Matlala v G4S Cash Solutions (Pty) Ltd (JS165/2016) [2024] ZALCJHB 168 (15 April 2024)
The court found that the employer failed to amend its pleadings to include the mitigation defence, and therefore could not rely on evidence of the applicant's alternative employment. However, the applicant's claim for arrear wages under section 77(3) of the BCEA was not sustainable because the employer never accepted his tender of services following the reinstatement order. According to binding precedent, a reinstatement order does not itself revive the employment contract; the contract is only revived when the employer accepts the employee's tender of services. Where the employer refuses to…
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Kubeka and Others v Ni-Da Transport (Pty) Ltd (DA10/19) [2020] ZALAC 55; (2021) 42 ILJ 499 (LAC); [2021] 4 BLLR 352 (LAC) (24 November 2020)
The Labour Appeal Court held that a reinstatement order does not itself restore the contract of employment. Restoration only occurs when the employee tenders their services after the order becomes enforceable and the employer accepts the tender. Without actual reinstatement, no contractual right to arrear wages arises. The claims of the appellants who did not tender their services after the appeals process was exhausted, or whose tender was not accepted, are not enforceable under section 77(3) of the BCEA. The claims of deceased estates also fail, as reinstatement became impracticable upon de…
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UASA - The Union and Others v Western Platinum (Pty) Ltd and Others (JA61/2019) [2020] ZALAC 65; (2021) 42 ILJ 371 (LAC) (13 November 2020)
The Labour Court erred by awarding costs against the appellants without providing reasons and without considering the requirements of law and fairness, as mandated in labour matters. The absence of reasoning and the deviation from the established principle that costs do not follow the result in labour disputes constitute misdirections. These misdirections amount to exceptional circumstances under section 16(2)(a) of the Superior Courts Act, justifying appellate interference with the costs order despite the mootness of the main dispute. The ongoing collective bargaining relationship and the bo…
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Clover SA (Pty) Ltd v General Industries Workers Union of South Africa and Others (J 1142/20) [2020] ZALCJHB 226; [2021] 4 BLLR 419 (LC); (2021) 42 ILJ 1111 (LC) (31 October 2020)
The Labour Court dismissed an urgent bid to suspend picketing rules during a protected strike, finding the incidents cited did not justify drastic relief.
FAIS Ombud v Rametsi and Others (J2591/17) [2017] ZALCJHB 418 (17 November 2017)
The applicant failed to furnish security as required by section 145(8) of the LRA, which is a prerequisite for suspending the operation of an arbitration award pending review. The applicant's decision to stop paying the first respondent's salary and benefits was unlawful, as her employment contract remained valid and enforceable. The launching of the review application restored the status quo ante, requiring the applicant to maintain the first respondent's suspension with full benefits. The applicant did not make out a case for the stay, and it would not be in the interests of justice to gran…
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Road Traffic Management Corporation and Others v Tasima (Proprietary) Limited and Others (18849/17) [2017] ZAGPPHC 94 (3 April 2017)
The court enforced the Constitutional Court's hand-over order, holding that Tasima had to complete transfer of the eNaTIS system within 30 days.
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